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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

BOARD OF EDUCATION OF MONTGOMERY COUNTY

v.

ANNE HUNTER, a minor, by her parents and next friends, BRUCE and * JULIE HUNTER

* * * * * * * * *

CIVIL NO. JFM-99-1153

MEMORANDUM OPINION

This case is before the Court on cross-motions for summary judgment filed by the Plaintiff, the Board of Education of Montgomery County, Maryland, ["the Board"], and the Defendants, Anne Hunter ["Hunter"] by her parents, Bruce and Julie Hunter. The Board is appealing the order of an Administrative Law Judge ["ALJ"] requiring the Montgomery County Public Schools ["MCPS"] to reimburse the Defendants, pursuant to the Individuals with Disabilities Education Act ["IDEA"], for their unilateral placement of Hunter in the Katherine Thomas School for the 1998-99 school year. I. Anne Hunter was born on March 12, 1989, and is a resident of Montgomery County. She has a complex educational and psychological profile. Although her academic achievement exceeds expectations for someone in her IQ range and she has superb musical talents, Hunter has significant social difficulties and requires strong individual support to learn. She is also epileptic and has suffered -1-

several seizures since January 1998. She qualifies as a student with multiple disabilities as defined by the IDEA. From 1994 to 1996, Hunter attended pre-kindergarten and kindergarten programs at Bethesda Country Day School, which is a regular education school. In 1996, she enrolled in the Katherine Thomas School for first grade. Katherine Thomas is a private, special education school comprised solely of students with disabilities. MCPS paid for Hunter's placement at Katherine Thomas pursuant to the order of an administrative law judge, and continued to fund her placement there for the 1997-98 school year. During her time at Katherine Thomas, Hunter has made acceptable academic progress. In June 1998, MCPS convened a Central Admission, Review, and Dismissal ["CARD"] committee meeting to discuss Hunter's placement for the upcoming school year. The meeting was attended by officials from MCPS, the Katherine Thomas School, Hunter's parents, and their attorney. At the meeting, MCPS adopted the individualized education plan ["IEP"] formulated for Hunter by the Katherine Thomas School. MCPS then recommended that Hunter be placed at the learning center at Burning Tree Elementary School in the second/third grade class. Hunter's parents, however, rejected the placement; they believed that the child should remain at Katherine Thomas. A second CARD committee meeting convened on October 26, 1998, to consider how the recent intensity of Hunter's epilepsy might affect her educational needs. MCPS proposed that it could meet Hunter's needs by adding a health services to her IEP. Hunter's parents once again rejected the Burning Tree placement. Hunter currently attends the Katherine Thomas School. Hunter's parents requested a due process hearing, which took place in December 1998 and January 1999. At the hearing, they contended that the Burning Tree placement would be inappropriate -2-

for a variety of reasons.1 Most significantly, they argued that the proposed mainstreaming was improper for the child and moving her to Burning Tree would be a step backwards. The ALJ issued an opinion and order on March 3, 1999, requiring MCPS to reimburse Hunter for her education at Katherine Thomas for the 1998-99 school year because the school district did not provide her with a "free appropriate public education" ["FAPE"] as required by the IDEA. In particular, the ALJ found that Burning Tree would not provide proper mainstreaming for Hunter because her "emotional fragility makes it impossible for her to be with non-disabled students in a hectic school atmosphere such as Burning Tree." ALJ Op. at 18. In addition, the ALJ determined that Burning Tree could not meet the goals of Hunter's IEP because it is not able to provide the type of individualized instruction necessary for her educational progress. Id. at 20. II. Under the IDEA, every disabled child is entitled to a free appropriate public education ["FAPE"]. See 20 U.S.C.

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